Topic
Legal
Forthcoming changes to federal Privacy Act allow insurers to share information without a person’s consent for the purpose of suppressing fraud
October 28, 2011 by Canadian UnderwriterIntended to help insurers suppress fraud, Bill C-29 amends Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) to allow disclosure of personal information without a person’s consent under certain circumstances.PIPEDA generally prohibits companies from releasing a person’s private information…
Access to private Facebook pages a question of logistics, not privacy
October 28, 2011 by Canadian UnderwriterDefence counsel’s use of private Facebook pages in litigation is not an issue of breaching the plaintiff’s privacy so much as it’s an issue of logistics and the timing associated with accessing information on private pages, Kadey B.J. Schultz, a…
Regulatory tweaks required to prevent ‘papering’ of Ontario auto insurers with treatment plan submissions
October 27, 2011 by Canadian UnderwriterThe Statutory Accident Benefits Schedule (SABS) in Ontario is in need of further refinement to prevent insurers from getting “papered over” with an overwhelming number of treatment plans and assessments — a major component of auto insurance fraud.“There are still…
Liability lurks in positive employee references on social media: Advisen
October 27, 2011 by Canadian UnderwriterAn employer offering an employee a positive recommendation through social media is exposing the employer to potential liability, Advisen warns.In its OneBeacon-sponsored report, Social Media: Employers’ Liability for the Activities of their Employees, Advisen said the potential for a company…
Strata (condo) owners could be subject to proposed new tribunal for resolving strata property disputes
October 26, 2011 by Canadian UnderwriterStrata (condominium) owner-developers could be subject to the jurisdiction of a proposed new tribunal model for dispute resolution in strata properties, according to the B.C.’s Office of Housing and Construction Standards.The province has posted a discussion paper online that outlines…
High rate of claimants in the MIG explained by backlog of arbitrations: plaintiffs’ lawyer
October 25, 2011 by Canadian UnderwriterCurrently, 75% to 80% of auto accident claimants in Ontario are ending up within the Minor Injury Guideline (MIG), but this should be of false comfort to insurers, said Adam Wagman, a lawyer with Howie Sacks & Henry LLP.Wagman represented…
Optional tort option appears likely in Nova Scotia
October 24, 2011 by Canadian UnderwriterAn optional tort product appears likely to be offered in Nova Scotia in the future, according to Ken Meyers, former chair of the Insurance Brokers Association of Nova Scotia (IBANS).“It appears clear now that there will be an optional tort…
Ontario arbitration confirms the need for early clarification of work-related auto accidents
October 24, 2011 by Canadian UnderwriterAdjusters may want to ask a few detailed questions to determine whether a motor vehicle accident occurred over the course of a claimant’s employment, based on a recent arbitration in Ontario.In Andrew Hayward and Royal & SunAlliance Insurance Company of…
CEOs call for improved legislation, ADR and enforcement to fight auto insurance fraud
October 21, 2011 by Canadian UnderwriterStronger legislation, improvements in Alternative Dispute Resolution (ADR) and better enforcement is required to tackle auto insurance fraud, according to members of a CEO panel at the 91st Annual Conference of the Insurance Brokers Association of Ontario (IBAO) in Toronto…
B.C. Appeal Court re-affirms jurisdiction of B.C. Superintendent of Motor Vehicles in driver’s appeal of license suspension
October 19, 2011 by Canadian UnderwriterA suspended B.C. driver wishing to revoke his driving prohibition on the basis that he felt the peace officer’s decision to revoke it was wrong and unreasonable should have taken his matter to court and not to the B.C. Superintendent…
Insurance Council of B.C. suspends broker for 12 months for trying to coerce a consumer into making a false claim to ICBC
October 18, 2011 by Canadian UnderwriterThe Insurance Council of British Columbia has suspended the license of an insurance broker for 12 months after the broker admitted she used her position in the industry to try to coerce a member of the public to make a…
Ontario Court of Appeal says insurer has a duty to defend young male driver and his mother in unusual drink and drive case
October 18, 2011 by Canadian UnderwriterThe Court of Appeal for Ontario says an insurer has a duty to indemnify a young man, Nagraj Singh Tut, who celebrated his 20th birthday party, slept for six to nine hours, woke up, and then was involved in a…